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Home Source documents Proposed Order, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 87 (May 14, 2025)

Proposed Order, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 87 (May 14, 2025)

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        Case 1:25-cv-02990-ER              Document 87    Filed 05/14/25     Page 1 of 2




                         UNITED STATES DISTRICT COURT
                    FOR THE SOUTHERN DISTRICT OF NEW YORK


 STATE OF NEW YORK, et al.,

                             Plaintiffs,

        v.
                                                      Case No. 1:25-cv-02990 (ER)(BCM)
 U.S. DEPARTMENT OF EDUCATION, et
 al.,

                             Defendants.



                   [PROPOSED] PRELIMINARY INJUNCTON ORDER


       The Court, upon reviewing the parties’ filings, including (i) Plaintiffs’ Complaint (ECF No.

1), (ii) Plaintiffs’ Memorandum of Law in Support of Motion for Immediate Injunctive Relief,

dated May 14, 2025 (ECF No. __); (iii) the declaration in support of Plaintiffs’ motion (ECF No.

__); (iv) Defendants’ Memorandum of Law in Opposition to Plaintiffs’ Motion for Immediate

Injunctive Relief (ECF No. ___); (v) Plaintiffs’ Reply Memorandum of Law in Further Support of

Motion for Immediate Injunctive Relief (ECF No. ___); all papers submitted on Plaintiffs’ April

11, 2025, motion for a preliminary injunction (ECF Nos. 10–28, 63, 67–69); and all other papers

and orders herein; and having heard all counsel, it is hereby ordered as follows:

       ORDERED that, sufficient reason having been shown therefor:

       1.      The Defendants are preliminarily enjoined from enforcing or implementing as

against Plaintiffs during the pendency of this litigation or until further order of the Court the

directives in the May 11, 2025 “Dear Colleague” letter from Hayley B. Sanon (ECF No. __)

(“Letter”), which purported to terminate the periods of time for Plaintiffs to liquidate their



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        Case 1:25-cv-02990-ER          Document 87        Filed 05/14/25      Page 2 of 2




obligations under the Education Stabilization Fund, as that term is defined in the Letter, as of May

24, 2025.

       2.      The Defendants are hereby directed to process Plaintiffs’ outstanding and future

requests for liquidation of Education Stabilization Funds without delay, and within one week from

the issuance of this Order shall file with the Court a status report listing for each Plaintiff the

payment requests for liquidation of Education Stabilization Funds that are then outstanding,

including the amount of each request, the date each request was submitted, and the anticipated date

by which each request will be processed.

       3.      The Defendants must provide written notice of this Order to all personnel within

the U.S. Department of Education. The written notice shall instruct all personnel that they must

comply with the provisions of this Order. Defendants shall confirm in the status report filed in

accordance with paragraph 2 of this Order that all personnel within the U.S. Department of

Education have received this notice.



                                                     By the Court:

____________________                                 _______________________
Dated                                                United States District Judge




                                                 2


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